Brian Christian Consulting

For Texas’ vast regulated community, one of the most pressing issues in environmental regulation is permitting timeframes. The booming economy and energy revolution in Texas have made demand for environmental permits reach all-time highs. Nowhere is this more evident than in the arena of air permitting. Further, that demand has largely moved beyond relatively simple permits-by-rule (the authorization of choice during the Barnett Shale/Eagle Ford boom) to individual new source review permits. Since these permit applications are more complex, both technically and in terms of public participation, greater care must be taken during the application development process to avoid unnecessary delays and deficiencies. Additionally, while the Texas Commission on Environmental Quality (TCEQ) has rolled-out significant and welcome automation and streamlining initiatives, there are still steps applicants should take to give themselves the best opportunity to get their permits as quickly as possible. To us, with over 50-years of combined TCEQ service, some of the recommendations below initially seemed self-evident. Yet, in our work with the regulated community, we have encountered hesitancy, if not outright reluctance, to engage with the TCEQ. Further, we believe there are positive, proactive steps applicants can take to work within their communities to build, if not unqualified support, at least a chance of a better relationship with their neighbors. With these tips and suggestions, applicants may be able to get out of the gate on the right foot…and get their permits faster. Pre-Meet with the TCEQ. TCEQ management continues to state that this is the number one suggestion to improve your permit processing timeframe. Interestingly, this is also the suggestion that raises the most eyebrows among the regulated community. “Really?” they ask. “The TCEQ will meet with us before we submit our application?” Yes, and yes. Meeting with TCEQ experts before you even submit your application gives you an opportunity to get in on the ground floor and explain your project and ask your questions. Early discussions can also change your application and maybe even the authorization you thought you might need. And, even if you have already submitted your application, it helps immensely to meet with the staff early in the process. Peer-Review Your Application Before Submittal. It is invaluable to pull-together a cross-disciplinary team (technical, legal, boots-on-the-ground) to review a permit application with the consultant. This team can ground the application in the real-world, anticipate and address technical or legal issues (and risks), and bring a fresh pair of eyes to the process. Did we use the correct emissions factors? When the agency does the calculation, will it get the same result? Is the application complete? Is the application internally consistent? Are the tables and figures accurately labeled? It’s incalculably beneficial to ask these questions early. Plus, in a large organization, this can get everyone on the same page. This step can really help improve an application before it goes out the door. Hire Experienced Consultants. Speaking of consultants, there is a wide-variety of experience out there. Before you hire, or even go back to your long-time consultant, take the time to review their previous work and get references. Ask them for examples of previous deficiency letters, ask them how many applications like yours have they done in Texas. What you're trying to do is to get a feel for their understanding of the process. Previous work is a good starting point. Mainly you’re doing this because the agency still receives applications from consultants who prove to be unfamiliar with the agency and the rules. In fact, agency staff recently cited in a presentation an example where a consultant didn’t realize their client was in a nonattainment area, and, therefore, was completely unaware of the additional requirements in play. The TCEQ website does provide a list of consultants who have made it known they’re in the business (though the TCEQ appropriately does not endorse anyone), so this is a good place to start, but do your homework. Stay on Top of Your Consultant. Let’s be honest. You’re not their only client. Plus, it’s a human tendency to fall back on the same habits. But consultants are busy. And, we’ve heard time and again that the agency sees the same mistakes again and again (particularly with modeling). Have that pre-application, peer-review meeting (see above). Keep in regular communication with your consultant and ask to be copied on all correspondence between them and the agency. Make sure they’re responding promptly to questions from the agency, because requests for extensions cause more delays. Proactive Public Engagement. The most complex permits will require public notice. This is wholly appropriate. Our best advice is to make sure the first time your neighbors hear about you is not when they see the sign posting or the newspaper notice. Public forums, plant open houses, and other measures can engage your neighbors up front, so you at least have a chance to get your message out. Also, try to take their perspective when you can. We’ve seen plant managers offer to go to a neighbor’s house to put eyes on what they’re seeing. We also suggest that you make yourself available to your legislator, county judge, county commissioner, and city elected officials. Again, while this may not bring unqualified support, or any for that matter, it can at least lead to a better understanding and relationship moving forward. These are just a few suggestions to help ease the permit application process. We would add that these tips go beyond air permitting and can help with any environmental permit. There are certainly nuances and unique circumstances behind every application, but it all comes down to communication, early engagement, and vigilance. And, as was previously noted, the agency has developed several tools and initiatives to streamline its part in the process. We believe all these approaches will improve the system…and help you get your permit faster.

Brian Christian Consulting

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